HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8593 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/accused No.4 to quash the proceedings against her in C.C.No.200 of 2023 pending on the file of the Junior Civil Judge-cum-Judicial First Class Magistrate at Parigi, which has taken cognizance for the offences punishable under Section 498-A and 494 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
02. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. The brief facts of the case are that marriage of respondent No.2 was performed with the son of petitioner on 13.07.2022 at Venkateshwara Temple situated at Parigi village. It is alleged that at the time of marriage, on demand of accused No.1 and his family members, the parents of 2 respondent No.2 gave net cash of Rs.8,00,000/-, 3 tulas of gold and other house hold articles as dowry to accused No.1 and later respondent No.2 and accused No.1 lived happily for a period of 8 months. It is further alleged that accused No.1 demanded the parents of respondent No.2 for additional dowry and also started harassing her physically and mentally. One more allegation against the petitioner and others is that they supported accused No.1 for harassing respondent No.2 for additional dowry. Basing on the complaint, the present case was filed against the petitioner and others.
04. It is the contention of the learned counsel for the petitioner that the petitioner was falsely implicated in the case basing on the report of respondent No.2 as petitioner is father of accused No.1, who is none other than the husband of respondent No.2. It is his further contention that except bald allegations that the petitioner has supported accused No.1, there is no specific overt acts against the petitioner, however, the police have mechanically investigated the case and filed charge sheet 3 against the petitioner. Therefore, prayed to quash the proceedings against the petitioner/accused No.4.
05. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioner as police have investigated the case and filed charge sheet against her. He further contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided after conducting trial by the Court below.
06. Taking into consideration the fact the petitioner/accused No.4 is father of accused No.1 and also no specific overt acts are leveled against him, the appearance/attendance of petitioner/accused No.4 before the Junior Civil Judge-cum-Judicial First Class Magistrate at Parigi, in C.C.No.200 of 2022 is dispensed with, unless his presence is required by the Trial Court for a specific purpose, or at the time of recording his examination under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. However, the petitioner/accused No.4 is at 4 liberty to file discharge petition and on such petition being filed, the Trial Court shall dispose of the same on merits within three (3) weeks from the date of filing of the said petition, uninfluenced by any of the observations made in this Order.
07. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 06-09-2023 gvl 5 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8593 OF 2023 Date: 06-09-2023 GVL